Getting a Recovery for Injuries on a Cruise; the Carnival Ship Stalls in Mid-Sea


This week’s news story about  the Carnival Cruise ship, Splendor, brings to mind some of the special rules involving accidents  on cruise ships which we discussed in prior posts here, here, and here.

The Splendor’s engine room had a fire which knocked-out all power after a couple days into the cruise.  The ship came to a dead stop.  It had to be tugged back to port in San Diego.  It appears that no one sustained bodily injury.  Of course, the passengers were subjected to a long and uncomfortable trip without fresh food, hot water, air conditioning, and other comforts.  Some passengers stoically viewed the experience as a camping trip.

Carnival will be issuing full refunds as well as airfare refunds and a free, future cruise.   In view of the terrible publicity Carnival may offer other consideration, such as a cash settlement per passenger, such as $1,000 per passenger.

In any event, it is a good time to review the special rules involving injured passengers:

  1. Make sure that an accident report is taken on the ship.   Report the accident, and get the name of the person taking the report.  If possible, get a copy of the report.  The report should note witnesses.  Also, if possible, have your companions take photos of the accident scene.
  2. Do not be shy about getting medical assistance on the ship.  The major cruise ships have physicians on board.   If you are injured, get help on the ship, and do not try to “tough it out” until you return home.
  3. Do not delay in hiring an attorney and pressing a claim.  There are short times in which to press a claim.  For example, the lawsuit may have to be filed within 1 year of the accident.

Bon voyage!

Mark E. Seitelman, 11/12/10, www.seitelman.com.

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